Jingle Kids USA, LLC v. In Colour Capital Inc.
- Sarah Cave
- 1:22-cv-07089
- U.S. District Court · Southern District of New York
- 2
In Jingle Kids USA v. In Colour Capital, Magistrate Judge Cave ordered settlement-related information and filings after a plaintiffs’ representative missed a required conference.
The order directly affected plaintiffs’ representative Jake Seal, the plaintiffs, defendant In Colour Capital Inc., and counsel for both sides by setting compliance, reporting, settlement-document, and dismissal-filing deadlines.
What happened
In Jingle Kids USA, LLC v. In Colour Capital Inc., the court addressed a missed court-ordered conference involving plaintiffs’ representative Jake Seal. Mr. Seal did not appear at the May 9, 2024 telephone conference despite an earlier order directing him to attend.
The court ordered Mr. Seal, through his lawyers, to give the defendant information about United States properties identified as collateral in the proposed settlement agreement by May 16. The court warned that failing to comply could lead to sanctions, including the defendant’s lawyers’ fees or a fine. The order did not impose those sanctions.
Magistrate Judge Sarah L. Cave also required the defendant’s lawyers to report by May 20 whether Mr. Seal provided the information, required the parties to sign settlement documents by May 24, and directed them to file a dismissal stipulation by May 31 for Judge Jennifer H. Rearden’s attention.
The detailed version
- Jingle Kids USA, LLC v. In Colour Capital Inc. · No. 1:22-cv-07089
- Sarah Cave
- May 9, 2024
Background
The court held a telephone conference on May 9, 2024. Plaintiffs’ representative Jake Seal did not attend, even though an April 22 court order had directed him to appear. The order also concerned information about properties in the United States designated as collateral under a proposed settlement agreement.
Orders
The court ordered Mr. Seal to provide that collateral information, through his counsel, to the defendant’s counsel by May 16, 2024, at 5:00 p.m. The court warned that failure to provide the information could result in sanctions for violating both the April 22 order and the May 9 order. The possible sanctions identified were the defendant’s counsel’s attorneys’ fees and/or a fine. The court warned about these sanctions but did not impose them in this order.
The court also ordered defendant’s counsel to file a letter by May 20 stating whether Mr. Seal had supplied the information. It directed the parties to execute all settlement documents by May 24 and to file a stipulation of dismissal by May 31 for the attention of Judge Jennifer H. Rearden.
Disposition
This was a case-management and settlement-compliance order. It did not decide the underlying claims, impose sanctions, or itself dismiss the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.